State of Tennessee v. Timothy Whitby

Following a bench trial, the trial court found the Defendant, Timothy Whitby, guilty of:
vandalism under $1,000, a Class A misdemeanor; disorderly conduct, a Class C
misdemeanor; and assault, a Class A misdemeanor. The trial court sentenced the
Defendant to concurrent sentences of eleven months and twenty-nine days on each count,
suspended to supervised probation. On appeal, the Defendant challenges the sufficiency
of the evidence supporting his assault conviction, and the trial court’s sentence of eleven
months and twenty-nine days for his disorderly conduct conviction. After review, we
conclude that the trial court erred when it sentenced the Defendant to eleven months and
twenty-nine days for his Class C misdemeanor disorderly conduct conviction. Thus, we
remand for entry of a sentence within the appropriate sentencing range. We affirm the
judgments in all other respects.